Revolutionary War Pension and Bounty Land Warrant Application File R. 3097, Jacob Dry, N.C.

SERVICE
NUMBER
N.C.
Diry, Jacob
R. 3097
CONTENTS
Check for discharge

35.338 Jacob Dry Kentucky
Hon. J. R. Underwood H. R.,

State of Kentucky } Allen County } 3/11
On this 12 th day of May 1842 personally appears, before the Hon: the Circuit Court in & for said County, now sitting, Jacob Dry a resident of said County & State, aged about Seventy eight years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7 th 1832. That he entered in the army of the United States in the year 1779 as a substitute for Jacob Brown, in the Company of Capt Osborn, in the Regiment whose higher officers were Col. Caleb Fifer, Maj Wright, or Wyatt - & Maj Harris - The last of whom conducted the company from McLenburgh County North Carolina, to the siege of Charleston Fifer & Wright having been officers of the Militia at home, who did not accompany Osborn's Company on this expedition - On reaching Charleston we were placed under the command of Col McIntosh - At that time the principal conduct & management of the defence of Charleston, was in the hands of Gen Lincoln - We entered Charleston, by descending Cooper River in Boats - and at the time we entered it, the enemy had not fully evacuated the place - Shortly thereafter the

Siege or Blockade became complete We had frequent skirmishes from the lines or breast works with the enemy - and continued the defence after declarant reached there for about two months - The enemy frequently broke through the first line of circumvallation - But we always succeeded in beating them back - We finally capitulated, in consequence of the scarcity of provisions & having before doing so, lived for about six weeks on sugar & coffee without meat or bread - The enemy were commanded by Lord Cornwallis & Sir Henry Clinton -
Your declarant was taken a prisoner at this place - and detained for about eight days - They were only to have been detained six days but on the night  before they were to be paroled a ship was blown up - and the day the Magazine parol was to have taken place the American Magazine, then in the poss- ession of the enemy, also exploded - This took place when we were paraded in order to be paroled - and in consequence of this we were detained - He was on this town, - which was a three months town - in actual service, within a few days of three months - but his parol, ex- tended to be gone the three months -
Thus ended this his first term of service He will add, that the company to which he belonged embarked in their boats near Monks Corner - a part

days after the embarkation of about 2500 regulars - (Yr Declarant was a private on this campaign -
Your Declarant or Declarant again volunteered into the service from so County of Mecklenburg North Carolina, (where he resided, both at the commencement of the present open- -ing town) - He entered as a private in the company, first of Capt Thoms - who after a week or two got the command of a company of light horse - and the command of his company to which applicant belonged devolved on Capt. Garner - We joined some two or three other companies in Roan County N.C. and the command of the whole was within three or shortly after taken by Maj. Wright, of Mecklenburg, Maj. McDougle of Roan - Col. Fifer & Gen: Rutherford for do - We marched thence down to Fayette - to leave Fear River, and down in the neighborhood of Wilmington - We had camped on the borders of a swamp not far from a bridge over a small brook that put into Roan River - Our spies returned stold us that the British stores were crossing the swamp bridge as thick as hops - Gen Rutherford called us out to parade - and the whole concern took to their heels and in one night ran so far that it took us three days to get back to the same place - It proved to be a false -

alarm - The main body of the army did not meet the enemy - The light horse had several skirmishes, at or near a place called the Brick house - but with little success - at other places took some prisoners & scattered them - - It was about this time we received the news of the defeat of Cornwallis at Yorktown - But we continued in this field - operating against the scattered & detached bodies of Tories that infested the country - and in application we had the full period of his term - and a short time over it - He received no discharge at the end of his first term being parolled - and a prisoner - at the end of the second he received one - But has lost it - he knows not when, where or how - It is impossible for him to state the day when he entered the service nor the day he left it - But he states positively that on the two terms above narrated, he was fully six months in the Revolutionary army - He has no documentary evidence of his service - He knows of no living witness by whom he can prove his services - There may be some, residing in Tennessee, but he has not heard for several years whether they were living or dead - In answer to the several interrogatories directed to be propounded by the Court declarant states that he

was born in the County of Wake North Carolina - in the year 1764. - he states this from an imperfect recollection having no record of his age - - He was 16 years old when he started to be a soldier - having just then been put on the muster roll - - He was living in the county of Wake when called into the service - from that county he moved to Kentucky and has resided in this state ever since - He has answered the remaining interrogatories in the preceding part of his declaration He hereby pleads his right claim to a pension except the present or annuity except the present and declares that his name is not on the pension roll of the agency of any state -
his Jacob X Dry
Sworn to as subscribed the day & year aforesaid.
J. C. Mulligan c. acc.
Said Dry further states having omitted it above that there is not now living in his neighborhood who knows any clergyman to whom the reputation of his revolu- tionary services is known - Indeed there is no clergyman residing in his neighborhood who knows his
his Jacob X Dry
mark
Sworn to as subscribed the day & year aforesaid.
J. C. Mulligan c. acc.

Mr Henry Sears, Jr, James Morrison, & John Gains, & Charles Johnson hereby certify that we are well acquainted with Jacob Dry who has subscribed & sworn to the above  declaration that we believe him to be seventy eight years of age - That he is respected & believed in the neigh- bourhood where he resides to have been a soldier of the Revolution and that we concur in that opin- ion - We are residents cit- izens of the County of Allen & State of Kentucky - Henry Sears Jr sworn to as subscribed James Morrison the day & year aforesaid John Gains Charles Johnson
And the so court does hereby declare its opinion after the investigation of the matter and after putting the interrogatory prescribed by the War Department that the above named applicant was a Re- volutionary soldier and served as he states - And the court further certifies that it appears to it that so Sears, Morrison & Gains who have signed the preceding certificate are credible persons and that their statement is entitled to credit.
I James
Ashe W. Graham, judge of Allen Circuit Court.

I James B Mulligan Clerk of the Allen County Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jacob Dry for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 12 th day of May 1842.
J. C. Mulligan case
W L Underwood in whose hand writing the foregoing declaration & certificates except that of the Clerk Mulligan is written states that the credibility of Charles Johnson was not certified by Judge Graham thro mistake & was not discovered until it was too late to make the correction without interlining & at a time when a new certificate from the clerk could not conveniently be obtained. I know Charles Johnson & have never heard any thing prejudicial to his character.
21 May 1842
J. R. Underwood

October 20, 1936
Jacob Dry-R.3097 BA-J/AWF aw
Miss Betty Try Jones 182 W. Woodruff Avenue Columbus, Ohio
Dear Madam:
Reference is made to your request for information in regard to Jacob Dry or Try of Mecklenburg County, North Carolina, but that you do not wish the record of the Jacob Dry or Try of Ohio in 1832.
The data which follow were obtained from pension claim, R. 3097, based upon the service of Jacob Dry in the Revolutionary War. The name is not found Try, in this claim.
Jacob Dry was born in the year 1764 in Mecklenburg County, North Carolina, names of his parents not stated.
While a resident of Mecklenburg County, he enlisted and served as a private in Captain James Osborn's company, Colonel Caleb Phifer's North Carolina regiment, marched to Charleston, was in frequent skirmishes and in the siege of Charleston, where taken prisoner, held about eight days and paroled. He volunteered sometime in September, 1781, served in Captains Shin's and James Garner's company, Colonel Phifer's regiment, and was discharged December 11, 1781.
He moved from Mecklenburg County, to Mercer County, Kentucky, and in 1799, moved to Allen County, Kentucky.
He applied for pension on May 12, 1842, then a

resident of Allen County, Kentucky.
His claim was not allowed, as he did not serve six months, which was the shortest length of service for which a pension was allowed under the Act of 1832 under which he applied.
The papers in this claim contain no reference to the family of Jacob Dry.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

1936-Oct. 20 - Irish T. Petty Jury Journal and Acts of July 14, 1862, and March 3, 1873.
3097
P. O. _____
Jacob Dry
Service: _____
Enlisted: _____, 18
REJECTED
Discharged: _____, 18
Application filed: _____, 18
The printed list of 1852 shows reasons for rejection
Alleges: _____
"Not six months service"
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

December 11 th 1868 This may certify that Jacob Dreyer soldier in Genl. Meigs' Quartermaster's Brigade in Col. Philippi's Column has served a full term of duty and is hereby Discharged

35.338
Jacob Dry/ly
Evans Henry Dec 29 1882
3097
act June 7 1832

Jacob Dry, application under June 7/32, filed from Kentucky & suspended.
D. Wilson
Referred L.M.
Charleston invested by the enemy 1 April 1779 1780, fully invested 7 May 1780, capitulated 12 May 1780, wide American Revolution.

No. 35,338 Augt 31. 1852
Deed of Jacob
Dry -
Act 7 - June 1832
Evans & Wadsworth
Scottsville
Allen Co.
Ky. Ky.
Exemption of Pensions
Washington City
10 Octmber
5
5

Scottdale Ky. Sept 22. 1852 Dear Sir
Inclosed we send you the Declaration of Jacob Drey for a pension. Some proof will be sent you in a few days from Casey Co. Ky.
We hope the case is properly made out. if not please inform us Yours respectfully Evans & Harg.
If we have not directed to the proper office please give it its proper attention — E & H.

State of Kentucky Allen County set,
• Jacob Day aged about ninety four years, do upon oath state and declare, that he entered the service of the united states on the day of June or near that time 1776 as the substitute of Jacob Brown. That he went into the service from Charlotte Court house in N. Carolina and served three months, during which time he was taken prisoner by the british and was let off on parole by the british officers, which parole he has lost, so that he cannot now find it. He was in the battle of Charleston, His Captain was named as well as he now recollects James Osburn, He cannot now recollect the number of his regiment nor the name of the Colonel who commanded it. Lincoln was the General. In 1781. the month he thinks was September. he again entered the service in a company commanded by Capt. James, he thinks his name was James Farmer, in a regiment of N. Carolina Militia N o not recollected The regiment was commanded at home by Col. John  Early Fifer, but he does think Fifer remained the regiment in the service. The name of the Col. commanding in the service he does not now recollect. James or John White was his Major, He belonged to Genl. Rutherford's Brigade. He volunteered in this service for a three months tour. He entered the service in this tour, in McLenburgh County N. Carolina, upon this tour he was in no battle

He served the whole of this term, and was honorable discharged on the 11 th day of December 1881. Which discharge is here filed as part of this declaration. From North Carolina he removed to Allen county, Kentucky, from there he removed to this county in the year 1888, where he has resided ever since. He further states that he has never applied for or received any pension, or bounty land for said services.
He makes this declaration in order that he may now receive such pension, and land as he may be entitled to under the laws of Congress. He states that he resides at least ten miles from the court house in this county that he is too old and infirm to travel to the same, given under my hand this 11 th day of August 1882.
his Jacob H. Gray mark
State of Kentucky
Allen county set
I Walter Thomas judge of the county court of said county, do hereby certify that Jacob Gray who has made and subscribed that the foregoing declaration, this day made oath before me as judge aforesaid, that said declaration is true. I further certify that said Gray is too old and infirm to attend court to make said declaration, and that I have this day attended at his residence to swear him to said declaration.

I further certify that I have known him  him since the year 1788, have resided during that time within six or seven miles of him, That he made his mark to said declaration in my presence, And I further know that he rendered the series mentioned by him in said declaration. For truth and honest deportment no man within my knowledge stands more deservedly high than said him  he . Given under my hand as judge of probate, the 18 th day of August 1832
J. W. Evans
State of Kentucky,
Allen County set.
We the undersigned Preachers of the Gospel, certify that we have known Jacob Dry of this county for many years, we believe that he rendered the series mentioned in the foregoing declaration. He is a very worthy and truthful man, and the most perfect confidence may be placed both in his word and his water.
August 22 d 1832
James D. Evans R. G. McReynolds

State of Kentucky Allen County, ss.
I Samuel Jennings Clerk of the Circuit Court of Justice, Allen County, Ky., do hereby certify, that W. Thomas whose name is subscribed to the foregoing Certificate of oath etc. was at that time, and still is Judge of said Court, duly elected and commissioned as such, that full faith & credit are due to all of his official acts, that said Court is a Court of record, that his certificate is in due form, and that his signature thereto is genuine. I also certify, that James B. Evans & R. C. McRae, whose names are subscribed to the last foregoing Certificate, are Preachers of the Gospel, and that they now reside and have resided in this County for many years, that their signatures are genuine. Given under my hand & seal of office this 22 d August 1852.
Samuel Jennings Clerk By G. M. Mulligan D.C.

Pen: Puffin 339 May 25, 1842
Sir
The claim of Jacob Dry has been examined. He alleges to have been drafted as a militia man of North Carolina to go to the defence of Charleston and that after remaining there about two months the city was capitulated and that eight days thereafter he was paroled. He also alleges and that he was in service three months in that town. He also alleges another term of three months. Charleston was first invested in the beginning of April 1780, and capitulated on the 12 May following. The applicant's service in his first term could not therefore have been more than a month and a half including the time he was a prisoner, and which with his other alleged service makes less than six months. The act of 7 June 1832 requires six months service in order to be entitled to its benefit. The claim has consequently been rejected.

and the papers filed in this office
Hon. J. R. Underwood
25. May 1842
Hon. J. R. Underwood H. R.
35.338 amt 32 ent. 10.

Wm. J. C. Underwood
14 June 1842
James M. [?] 14 June 1842
Rev. Mr. [?] 14 June 1842
Respectfully yours Wm. J. C. Underwood
My dear Sir, I have the honor to acknowledge the receipt of your letter of the 10th inst. and in reply to inform you that the same has been forwarded to the proper authorities for their consideration. I am, Sir, your obedient servant, Wm. J. C. Underwood
Wm
James M.
14 June 1842

180 Pension Office June 14. 1842
Sir,
I have at your request again taken up the case of Jacob Dry, and I can perceive no good reason for not adhering to the decision of the Office, as communicated to you in my letter of the 25 th ult. The law of June 7. 1832, under which he claims, allows a pension in no case to any one who has not performed six months actual service. The time for which he was paroled cannot be considered as service performed. The argument drawn from the facts in your own case is conclusive in favor of paying allowing monthly pay for the whole of a the tour, but not in my opinion in favor of granting a pension under the act of 1832.
I have the honor
E
Hon. J. R. Underwood House of Reps
N o 35338 act 7 June 1832 Ken. case. See Index & letter this letter

May 28 '42
Rev. J. J. Edwards 35 Hudsonwood H. O. R. Conway Penn Washington

House 26 May 1842
Sir
Yours of yesterday relating to the application of Jacob Day for a pension is received. You cannot find that he served 6 months from the statements made in his declaration. Allow me to request a reconsideration. You say that the "Charleston was first invested in the beginning of April 1780 & capitulated on the 12 th of May." The applicant was paroled 8 days after the capitulation. Here then is at least a month & an half of service. But how long was Day in service before the siege commenced? Is it not erroneous to suppose that he entered the service only on the day when the town was invested? He was drafted in N Carolina & had to march to Charleston S.C. This must have taken some time & he was in service from the day he joined the troops at the place of rendezvous. But again you seem

to regard his service as terminating on the day he was paroled without even allowing him time to reach his residence in N. B. I respectfully submit whether that can be correct. A prisoner is regarded in the service of the country so long as his imprisonment by the enemy continues & if the enemy chooses to discharge him on parole instead of keeping him in confinement can that alter the case? If he is exchanged before the period of his enlistment expires he is bound to reenter the service & this proves he is still in contemplation of law in service. If so happens that my own case is a practical illustration of these principles. I was taken on the 5 th May 1813 having entered the service for six months on the last of March I was paroled in 8 or 10 days after my capture & returned home but was not exchanged until 1814 after the period of my service had expired

Get under these circumstances I was regarded in service & paid during the whole six months. Here in consequence of wounds I did not get home until July but the whole Regiment (Dudleys) were paid for the entire six months altho not in actual service two months. Be pleased to look into the case in connection with what is here stated & oblige
Yours Oblt Servt
J. R. Murrell

See 27-52.
[Faint mirrored handwriting from the reverse side of the page]
[Faint mirrored handwriting from the reverse side of the page]
[Faint mirrored handwriting from the reverse side of the page]

Pension Office Dec 27/1852
Gentlemen The application of Jacob Drey has been received and filed under the act of June 7 1832, and will be examined when the additional evidence, of which you speak, shall have been filed,
Wrefer Evans & Hany Scotchville Ky

May 23. 1842
Gen.
J L Edwards Esq Comm r of Pensions Washington City
L. R. Underwood A. Q.

House 21 May 1842
Sir
Be pleased to act upon the enclosed & let me know the result as soon as convenient
Yours with respect
J. R. Underwood
J. L. Edwards Comr

THIS SIDE OF CARD IS FOR ADDRESS
Veterans Bureau Rev. War. Pension Dept.
Continental Ave
Washington DC

Have you an old Rev. War. pension for a Jacob DRY, TRY, Drey, Trey, Troy, of North Carolina, about Salisbury or Mecklenburg, mentioned in the NC soldiers pay warrants as being in that War. Or for any DRY or TRY, etc in N. Car. then. (Not the Ohio Jacob 1832)
(Miss) Betty Try Jones 182 W Woodruff Ave
Columbus, OHIO